Woman says she was hit by SUV while checking mail — $2.3 million settlement

Type of action: Motor vehicle negligence

Injuries alleged: Traumatic brain injury, memory loss, dysarthria, ataxia and third nerve palsy; pneumothorax, rib fractures, left pelvic fracture and left fibula fracture

Name of case: Utterback v. Atalay

Date resolved: June 9, 2025

Attorney for plaintiff: Kevin D. Sharp, Virginia Beach, Shapiro, Washburn & Sharp

Description of case: The plaintiff, a 60-year-old woman, was walking to her mailbox, situated several feet from the roadway, when the defendant’s SUV plowed through her yard. The SUV hit the plaintiff, causing serious and life-altering injuries. The plaintiff’s husband rushed out of their home to find his wife unconscious in the street. The defendant left the scene of the accident and returned home. Paramedics and police arrived shortly after and administered life-saving treatment to plaintiff.

Accompanied by a family member, the defendant did return to the accident scene. Another one of the defendant’s family members later reported to police that the defendant had a known “medical condition” that had previously caused him to lose consciousness while driving. The plaintiff was hospitalized for 40 days.

The plaintiff is no longer employed as licensed therapist and social worker but fought hard to relearn activities of daily living and return to some form of normalcy. She can walk again and loves spending time with her husband and son, particularly in their garden. She is planning on going to Europe with her husband in the coming year.

Kevin D. Sharp, counsel for the plaintiff, provided case information.

[025-T-137]